Tennessee has started to crack down on K2 and other synthetic drugs that were commonly sold over the counter at tobacco and convenience stores state-wide. As of July 1, 2012 the amended law makes it illegal to possess, produce, or distribute any forms of these synthetic drugs. Tennessee legislature has made it a felony to produce any form of K2, synthetic marijuana, bath salts or other designer drugs for production, manufacture, distribution, or possession with intent to produce, or distributes the synthetic cannabinoids. Also, the bill states that stores selling these synthetic drugs can be padlocked as public nuisances. As enacted, it is Class E felony for manufacturing or selling an imitation controlled substance and the Class A misdemeanor for ingesting an imitation controlled substance and possessing an imitation controlled substance for the purpose of ingesting it. A Class E Felony is a serious offense and carries jail time along with up to a $5,000.00 fine. Class A Misdemeanor is punishable by 11 months 29 days in jail and up to a $2,500.00 fine. If you or anyone you know have been charged with possessing, producing, or distributing these synthetic drugs please contact Attorney Don Himmelberg.

This week marks the ninth annual Bonnaroo festival in Manchester, Tennessee. It seems each year this festival keeps getting bigger and draws thousands of fans to the otherwise sleepy town of Manchester in Coffee County, Tennessee. The lineup this year includes acts such as Dave Matthews, Jay Z, Stevie Wonder, Kings of Leon, and many, many others. We certainly hope everyone who is planning on attending the show has a great time and is both safe and hassle free. Please note, law enforcement officers throughout the State of Tennessee will be out in full force as you make your way to the show in Manchester this weekend.

In 2005, the State of Tennessee passed a law requiring persons to pay an excise tax on illegal substances. The Tennessee unauthorized substance tax, or "drug tax" or "crack tax", applies to controlled substances like marijuana and cocaine, and also illicit alcoholic beverages like moonshine. It allows someone to anonymously purchase stamps in person from the Department of Revenue based on the type and amount of the substance ($3.50 for a gram of marijuana, $50 for a gram of cocaine, etc.) with the understanding that doing so cannot be used against them in a criminal court. Possessing drugs is still illegal — the tax works completely outside the criminal justice system. A stamp cannot provide immunity from criminal prosecution, and a conviction of possession isn't required for the Department of Revenue to assess the penalties.

Opponents to the tax say allowing authorities to levy illegal drugs allows officials to bully people not convicted of crimes into paying thousands of dollars. The opponents of the Tennessee Illegal Substance Tax, and there are many, include a wide variety of groups.

In July, 2006, Chancellor Richard Dinkins ruled that the tax was unconstitutional stating that the tax violates an individual's right against self-incrimination and to due process.

Despite this fact, the Tennessee Department of Revenue continues to attempt to collect these taxes. One of the biggest targets for these tax collectors are Bonnaroo concert goers.

In 2005, the United States Supreme Court held in the case of Illinois v. Caballes that when a trained drug dog sniffs a persons automobile, there is no search. As a result, no constitutional violation occurs. This is the case even if the police have absolutely no reason to suspect you may be carrying illegal contraband whatsoever.

The majority reasoned that a dog’s sniffing is not really a “search” because it detects only contraband, and therefore does not compromise the privacy of someone who has nothing to hide. Justices David H. Souter and Ruth Bader Ginsburg both dissented strongly, warning that this decision could lead to “suspicionless and indiscriminate sweeps of cars in parking garages and pedestrians on sidewalks.”

The decision was not shocking, it was merely an extension of an earlier case decided by the Supreme Court in 1982 which held that the use of drug sniffing dogs to search luggage in an airport was in fact not a search either. (United States v. Place).

July 10, 2014 10:36 AMDomestic Violence Front and Center in NashvilleTake a look at the Tennessee statute defining Domestic Assault and relationship:
39-13-111. Domestic assault.
(a) As used in this section, domestic abuse victim means any person who falls within the following categories:
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
(4) Adults or minors related by blood or adoption;
(5) Adults or minors who are related or were formerly related by marriage; or
(6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).
(b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.
(c) (1) Domestic assault is punishable the same as assault in § 39-13-101.
*** Please note that domestic crimes encompass many other offenses.

July 3, 2014 2:02 PMHappy 4th of July MDH & Associates would like to wish everyone a...